2006 Louisiana Laws - RS 27:308 — Powers and duties of the board or division; restrictions; permits

§308.  Powers and duties of the board or division; restrictions; permits

A.  The division shall promulgate rules and regulations necessary to facilitate implementation of this Chapter and specifically to:

(1)  Provide permit, application, and licensing procedures.

(2)  Prescribe necessary application and reporting forms.

(3)  Establish qualifications and duties of certified technicians.

(4)  Provide for the protection of legitimate economic interests of licensees, creditors, and other parties involved in the operation, financing, manufacture, distribution, sale, and servicing of video draw poker devices and equipment.

B.(1)  The board or division, as may be applicable, may deny or condition any license or permit applied for or issued pursuant to the provisions of this Chapter for any violation of the provisions of this Chapter, Chapter 2 of this Title, or any rule of the board.  The board or division, as may be applicable, shall not levy a penalty, condition the license or permit of, or reinstate the license or permit of any person or the approval of any device unless and until the person or device meets all the criteria and requirements to be licensed or approved for play.

(2)  Notwithstanding the provisions of Paragraph (B)(1) of this Subsection, no sanction or denial of a license renewal application, revocation of a license, or license suspension shall be imposed for a period in excess of ten calendar days against any person to whom a license for the operation of video draw poker devices has been issued for the failure to disclose all criminal charges resulting in any misdemeanor conviction, provided that the person has not previously been cited for the same nondisclosure regulatory offense within a one-year period prior to the current regulatory offense.  However, the failure to disclose all charges resulting in any misdemeanor conviction may be considered and utilized within the provisions set forth under R.S. 27:310, and there shall be no limitation as to the sanction imposed.

(3)  The board or division, as may be applicable, may initiate an administrative action as defined in R.S. 27:3 and may revoke or suspend the license of any person or approval of any device issued pursuant to the provisions of this Chapter for violations as provided for in R.S. 27:308.2(A).

(4)  The board or division, as may be applicable, shall allow a licensee to temporarily turn in his license for reason of force majeure affecting the ability to operate the business described in the application for an indefinite period of time as determined by the division.  During the time the license is turned in, the licensee shall be eligible to renew the license.  When the licensee is able to resume business operations and is in compliance with all applicable physical amenities and permit requirements, the license shall be returned to the licensee within ten days of completion of a compliance inspection by the division.

(5)  The board or division, as may be applicable, shall terminate the device operation fees, paid pursuant to R.S. 27:311(A)(5), when a licensed video draw poker device is destroyed as the result of force majeure. In such a case, the device operation fees will terminate in the quarter following the quarter in which the device was destroyed.

C.  The board or division, as may be applicable, may initiate an administrative action as defined in R.S. 27:3 against any licensee issued a license, permit, or approval and may revoke or suspend the license or permit of any person or approval of any device issued pursuant to the provisions of this Chapter if the division finds that the person licensed or permitted or device approved did not meet, at the time of application, or does not continue to meet the suitability requirements provided for in this Chapter, Chapter 2 of this Title, or in any rules adopted by the board and promulgated in Chapter III or XI of Title 42 of the Louisiana Administrative Code governing the operation of video draw poker devices which provide for suitability criteria.

D.  For a period of five years from the date of the revocation of the license, no license authorized by this Chapter may be granted to any person whose previous license was revoked by the division.

E.  The division and its agents may:

(1)  Inspect and examine all premises where video draw poker devices are offered for play or where video draw poker devices or equipment are manufactured, sold, or distributed.

(2)  Inspect all video draw poker devices and related equipment and supplies in, upon, or about such premises.

(3)  Summarily seize and remove from such premises and impound any video draw devices, equipment, or supplies for the purpose of examination and inspection.

(4)  Promulgate rules and regulations requiring licensees or former licensees to maintain specified records, including financial and income records, of video draw poker devices and operations.

(5)  Promulgate rules and regulations to provide for minimum physical security standards at licensed establishments to maintain safety and integrity within the gaming area.

F.  The division shall have the authority to issue subpoenas and to compel the attendance of witnesses before it, to administer oaths at its official proceedings, to require testimony under oath, and to punish as contempt the failure to obey its orders.  Appeal of an action by the division holding a person in contempt shall be to the Nineteenth Judicial District Court.

G.  The division, within ten days after granting a license for the placement of video draw poker devices in a licensed establishment, shall notify the local governing authority of the municipality or, if not in a municipality, of the parish where the licensed establishment is located of the approval and granting of the license.

H.  When an establishment licensed to operate video draw poker devices requests the division to disable such devices, such licensee shall also provide the notice of such request to the owner of the devices.  The division may promulgate rules to implement this process.

Acts 1991, No. 1062, §1, eff. July 30, 1991; Acts 1994, 3rd Ex. Sess., No. 13, §1, eff. July 1, 1994; Acts 1995, No. 1052, §1.  Redesignated from R.S. 33:4862.8 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996; Acts 2004, No. 427, §1; Acts 2005, No. 61, §1; Acts 2006, No. 42, §1, eff. May 12, 2006; Acts 2006, No. 759, §1.